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Huang + Menders Photography

1 Nelson Ridge Road

Princeton, NJ 08540

Tel: (646) 425-0046

www.HuangMenders.com

July 10, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of 

the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) 

and 14 C.F.R. Part 11, Huang + Menders Photography (“H+M Photo”), operating the DJI Inspire 

1 Unmanned Aircraft System (“UAS” or “Inspire”), seeks an exemption from the Federal 

Aviation Regulations (“FARs”) listed below and discussed in Appendix A. Attached as Appendix B 

is a summary of this request. 

The requested exemption would permit commercial operation of H+M Photo’s Inspire, which 

weighs under 7 lbs. and performs aerial photography and videography using onboard cameras. 

Applications for these UAS devices and associated data processing functions include residential 

and commercial real estate, event coverage, surveying, inspection, and artistic endeavors. Use 

of the Inspire for aerial photography reduces the need to operate conventional aircraft for the 

same purpose and provides very high quality imagery at a fraction of the cost of surveys using 

conventional aircraft. These savings result in enhanced efficiency and productivity for the 

affected activities, as well as environmental benefits.1

Operations under the exemption will be subject to strict operating requirements and conditions 

to ensure at least an equivalent level of safety to currently authorized operations using manned 

 

1

See, e.g. Jack Nicas, Drones Find Fans Among Farmers, Filmmakers, WALL STREET JOURNAL (March 10, 

2014, 7:45 PM) (describing how an overseas surveyor used to spend 25,000 Euro ($34,345) to survey 15 

square kilometers with a team of 12 surveyors, and it would take 2 to 3 weeks to collect all the data. 

With a Trimble UX5, he accomplished the same task for 5,000 Euro and got all the data he needed in 3 

to 4 days. Because the surveys cost him less to perform, he passes those savings on to his customers.), 

available at: http://online.wsj.com/news/articles/SB10001424052702304732804579425342990070808.
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aircraft and under conditions as may be modified by the FAA as required by Section 333. As 

described more fully below, the requested exemption would authorize commercial operations 

of aerial surveys using the Inspire, which at under 7 lbs. is small in size. The Inspire will be 

operated under controlled conditions at low altitude in airspace that is limited in scope, as 

described more fully herein; it will have automated control features, as described below. The 

Inspire will be operated by an individual who has passed an FAA approved ground training 

exam and a training program for the UAS. Finally, the airspace in which the UAS will operate will 

be disclosed to the FAA in advance.

H+MPhoto respectfully submits that because this small, unmanned aerial vehicle—the Inspire—

will be used in lieu of comparatively hazardous operations now conducted with fixed wing and

rotary conventional aircraft, the FAA can have confidence that the operations will achieve at 

least an equivalent level or greater level of safety. Approval of this exemption would thereby 

enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) 

responsibilities under Section 333(c) of the Reform Act to “establish requirements for the safe 

operation of such aircraft systems in the national airspace system.”

The name and address of the applicant are:

Huang + Menders Photography

Attn: Daniel Huang

1 Nelson Ridge Road

Princeton, NJ 08540

Tel: (646) 425-0046

Email: daniel.huang@echostreamgroup.com

The regulations from which the exemption is requested are as follows:

• 14 C.F.R. Part 21

• 14 C.F.R. 45.23(b)

• 14 C.F.R. 61.113(a) & (b)

• 14 C.F.R. 61.133(a)

• 14 C.F.R. 91.7(b)

• 14 C.F.R. 91.9(b)(2)

• 14 C.F.R. 91.109(a)

• 14 C.F.R. 91.119

• 14 C.F.R. 91.151(a)

• 14 C.F.R. 91.203(a) & (b)

• 14 C.F.R. 91.405(a)

• 14 C.F.R. 91.407(a)(1)

• 14 C.F.R. 91.409(a)(2)

• 14 C.F.R. 91.417(a)
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Appendix A discusses each rule listed above and explains why exemptions pursuant to the 

proposal set forth in this letter are appropriate, provide an equivalent level of safety, and are in 

the public interest.

The Applicable Legal Standard Under Section 333

H+MPhoto submits that grant of this exemption application for use of the Inspire in precision 

aerial surveys will advance the Congressional mandate in Section 333 of the Reform Act to 

accelerate the introduction of UASs into the national airspace system (“NAS”) if it can be 

accomplished safely. This law directs the Secretary of Transportation to consider whether 

certain UASs may operate safely in the NAS before completion of the rulemaking required 

under Section 332 of the Reform Act. In making this determination, the Secretary is required to 

determine which types of UASs do not create a hazard to users of the NAS or the public or pose 

a threat to national security in light of the following:

• The UAS’s size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333(a)(1). If the Secretary determines that such vehicles “may operate safely in 

the national airspace system, the Secretary shall establish requirements for the safe operation 

of such aircraft in the national airspace system.” Id. §333(c).2

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under 

§40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness 

certificate and those regulations requiring commercial pilots to operate aircraft in commercial 

service:

The Administrator may grant an exemption from a requirement of a regulation prescribed 

under subsection (a) or (b) of this section or any of sections 44702-44716 of this title if the

Administrator finds the exemption is in the public interest.

49 U.S.C. §44701(f). See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a)(1).

 

2

Applicant submits that this provision places a duty on the Administrator to not only process 

applications for exemptions under Section 333, but for the Administrator, if he deems the conditions 

proposed herein require modification in order to allow approval, to supplyy conditions for the safe 

operation of the UAS. H+MPhoto welcome the opportunity to consult with FAA staff in order to address 

any issues or concerns that this proposal may raise that they believe may require modification.
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The grant of the requested exemption is in the public interest based on the clear direction in 

Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as 

amended; the strong equivalent level of safety surrounding the proposed operations; and the 

significant public benefit, including enhanced safety and cost savings associated with 

transitioning to UASs for aerial survey photography. Accordingly, the applicant respectfully 

requests that the FAA grant the requested exemption without delay.

Airworthiness of the Inspire

A critical element of the exemption application involves evidence of the airworthiness of the 

Inspire. H+MPhoto believes that it is in compliance with the requirements of Order 8130.34C, 

Airworthiness Certification of Unmanned Aircraft Systems and Optionally Piloted Aircraft, in its 

use of systems developed by DJI.3The Inspire has a high degree of redundancy and numerous 

safety features,including:

• Return-to-home failsafe in the event of a loss of communications

• Configurable limitations for area of operation and altitude

• Configurable limitations for vertical and horizontal speed

• High visibility lighting system

The criteria set forth in the Order specify the substantive showings of the device’s safety and 

fitness for operation to ensure that the FAA has sufficient basis to evaluate the aircraft’s safety.

Mandatory Operating Conditions

Grant of the exemption to H+MPhoto will be subject to the following mandatory conditions, 

which are based upon operating conditions set forth for operation of UAS by public entities 

pursuant to Certificates of Authorization, with additional restrictions:

• All operations to occur in Class G airspace.

• Operations to avoid congested or populated areas, which are depicted in yellow on 

VFR charts.

• Operations to be conducted over private or controlled-access property.

• Permission from land owner/controller required before commencing any flight.

• Operations to occur during Visual Flight Rules Meteorological Conditions (VMC).

• Aircraft to remain within Visual Line of Sight (VLOS).

o VLOS guaranteed with a cylinder of operation around operator of 1⁄2 

nautical miles (NM).

o Cylinder walls may be expanded by observer with ability to control aircraft.

 

3 H+MPhoto is submitting the following documents in support of this exemption application for the 

Inspire: 1) Inspire Preflight Checklist (Exhibit 1); 2) Inspire Operations and Maintenance Manual (Exhibit 

2); and 3) Inspire Safety Guidelines (Exhibit 3).
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• Operations to occur during daylight hours.

• Above Ground Level (AGL) altitude to be restricted to 400 feet.

• All operations conducted in vicinity of airport to remain more than 2.5 NM from 

centerline azimuth of runway centerline measured from runway thresholds.

• Operator will file a NOTAM for each flight, as required.

• All required permissions and permits will be obtained from territorial, state, county 

or city jurisdictions, including local law enforcement, fire, or other appropriate 

governmental agencies.

Operator Requirements

H+MPhoto respectfully proposes that operator requirements should take into account the 

characteristics of the particular UAS. Certain UASs, such as the H+MPhoto Inspire, are 

characterized by a high degree of pre-programmed control and various built-in technical 

capabilities that limit the potential for operation outside of the operating conditions set forth 

above.

The Inspire has a semi-autonomous navigation and control system comprised of a Ground 

Control Station (GCS) and auto-pilot system. All flights are pre-programmed with GPS guidance 

and do not require human intervention. Flight mission area and routing cannot be changed 

after launch. Flights are not directed by positive manual control, nor are evasive maneuvers. In 

the case of unplanned events, the operator inputs pre-programmed evasive maneuvers from 

the control unit and the control unit executes that maneuver. Pre-programmed operator 

interventions include diversion to the right; initiation of holding at present position; suspension 

of mission; fly back to launch point; fly to point and hold; abort mission and land; and 

emergency power cut off and land (Flight Termination System).7

Additional automated safety functions and safety enhancing features of the Inspire include the

following:

• Auto-pilot detection of lost GPS or of insufficient satellites initiates an immediate 

vertical landing, unless overridden by pilot in command.

• Low power on the aircraft triggers escalating alarms at GCS at 35% and 10% levels.

• If the auto-pilot detects a lost-link to the GCS for longer than 30 seconds, return-tohome sequence initiates.

• The Inspire is inherently unstable, so auto-pilot failure will result in a rapid exit from 

flight.

• Aircraft has an on-board failsafe that limits vertical speed to approximately 6 m/s

(configurable).

• The aircraft, weighing less than 7 lbs., fully loaded, is constructed of composite 

material

• intended to absorb impact energy.
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• The motors are driven by pulse width modulated signals, not analog signals.

Given these safety features, H+MPhoto proposes that operators of the Inspire should not be 

required to hold a commercial or private pilot certification. Instead, operators should be 

required to:

• have successfully completed, at a minimum, FAA private pilot ground instruction and 

passed

• the FAA Private Pilot written examination or FAA-recognized equivalents;

• have successfully demonstrated capability to operate UAS in accordance with 

manufacturer standards.

H+MPhoto notes that the FAA has found that safety factors permitted operation of UASs by 

operators with these qualifications in the case of operations pursuant to public COAs when the 

mandatory operating conditions specified above were present. See Federal Aviation 

Administration, Notice N-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 

20-21 (July 30, 2013). The FAA has the statutory authority to grant exemptions to the 

requirements for and privileges associated with the grant of airmen’s certificates. 49 USC 

§44701 (f).

In summary, applicant seeks an exemption from the FARs set forth above and in Appendix A to 

allow commercial operations of a small unmanned vehicle conducting precision aerial surveys.

Approval of the exemption allowing commercial operations of the Inspire for precision survey 

work will enhance safety by reducing risk. Conventional aerial survey operations, using jet or 

piston-powered aircraft present risks associated with vehicles that weigh in the neighborhood 

of 5,000 to 7,000 lbs., or more, carry large quantities of fuel, passengers, and, in some cases, 

cargo. Such aircraft must fly to and from the survey location. In contrast, a Inspire weighing less 

than 7 lbs. and powered by batteries eliminates a portion of that risk given the reduced mass 

and lack of combustible fuel carried on board. The Inspire is carried to the survey location, not 

flown there. The Inspire will carry no passengers or crew and, therefore, will not expose any 

individuals to the risks associated with manned aircraft flights.

Additionally, no national security issue is raised by the grant of the requested exemptions. 

Given the size, load carrying capacity, speed at which it operates, and the fact that it carries no 

explosives or other dangerous materials, the Inspire poses no threat to national security. The 

operation of the Inspire, weighing less than 7 lbs., for precision surveys in accordance with the

strict conditions outlined above, will provide an equivalent level of safety supporting the grant 

of the exemptions requested herein, including exempting H+MPhoto from the requirements of 

Part 21.
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The Inspire’s satisfaction of the criteria set forth in Section 333 of the Reform Act—size, weight,

speed, operating capabilities, lack of proximity to airports and populated areas, operation 

within visual line of sight, and national security—and its showing of an equivalent level of safety 

as it may relate to the requirement for a pilot’s license, provide more than adequate 

justification for the grant of the requested exemptions allowing commercial operation of the 

Inspire in the commercial precision aerial survey business.

Respectfully yours,

Daniel Huang

Huang+Menders Photography
Appendix A

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EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER 

APPLICABLE RULES SUBJECT TO EXEMPTION

H+MPhoto requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the Inspire:

14 C.F.R. § 45.23(b): Marking of the Aircraft

The regulation provides:

When marks include only the Roman capital letter “N” and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near 

each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor 

more than 6 inches high, the words “limited,” “restricted,” “light-sport,” 

“experimental,” or “provisional,” as applicable.

The Inspire has no entrance to the cabin, cockpit, or pilot station on which the word 

“Experimental” can be placed. Given the size of the UAV, two-inch lettering will be impossible. 

The word “Experimental” will be placed on the forward fuselage in compliance with § 45.29(f).

The equivalent level of safety will be achieved by having the Inspire marked as required by § 

45.29(f) where the pilot, observer, and others working with the UAV will see the identification 

of the UAS as “Experimental.” The FAA has issued the following exemptions to this regulation, 

Exemption Nos. 10700, 8738, 10167 and 10167A.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203(a)(1)

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21,

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR § 91.203(a)(1). Given the size of the 

aircraft (under 7lbs.) and the limited operating area associated with its utilization, it is 

unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H to 

achieve or exceed current safety levels. Such an exemption meets the requirements of an 

equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation 

Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the 

requirement for an airworthiness certificate, upon consideration of the size, weight, speed, 

operational capability, and proximity to airports and populated areas of the UAS

involved.
Appendix A

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In this case, an analysis of these criteria demonstrates that the Inspire operated without an 

airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, 

than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The 

Inspire weighs less than 7 lbs. fully loaded. It will not carry a pilot or passenger, will not carry 

flammable fuel, and will operate exclusively within an area pre-disclosed and in compliance 

with conditions set forth herein. Operations under this exemption will be tightly controlled and 

monitored by both the operator, pursuant to the conditions set forth above, and by local public 

safety requirements. The FAA will have advance notice of all operations through the filing of 

NOTAMs. Receipt of the prior permission of the land owner, the size of the aircraft, the lack of 

flammable fuel, and the fact that the aircraft is carried to the location and not flown there all 

establish the equivalent level of safety. The Inspire construction with absorbent material 

provides at least an equivalent level of safety to that of such operations being conducted with

conventional aircraft that would be orders-of-magnitude larger and would be carrying 

passengers, cargo, and flammable fuel.

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; 

Pilot in Command; Commercial Pilot Privileges and Limitations.

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a conventional

aircraft that carries a pilot, passengers, and cargo, the Inspire in this case is remotely controlled 

with no passengers or property of others on board. Section 61.133(a) requires an individual 

with a commercial pilot’s license to be pilot in command of an aircraft for compensation or hire. 

H+MPhoto respectfully proposes that operator requirements should take into account the 

characteristics of the particular UAS. H+MPhoto’s Inspire has a high degree of pre-programmed 

control and various built-in technical capabilities that strictly limit the potential for operation 

outside of the operating conditions set forth in the exemption application.

The Inspire has a semi-autonomous navigation and control system comprised of a Ground 

Control Station (GCS) and auto-pilot system. All flights are pre-programmed with precision GPS 

guidance and do not require human intervention. Flight mission area and routing cannot be 

changed after launch. Flights are not directed by positive manual control, nor are evasive

maneuvers. In the case of unplanned events, the operator inputs pre-programmed evasive 

maneuvers from the control unit, and the control unit executes that maneuver. Preprogrammed operator interventions include diversion to the right; initiation of holding at 

present position; suspension of mission; fly back to launch point; fly to point and hold; abort 

mission and land; and emergency power cut off and land (Flight Termination System).

Additional automated safety functions and safety enhancing features of the Inspire include the

following:

• Auto-pilot detection of lost GPS or of insufficient satellites initiates an immediate 

spiral landing.

• Low power on the aircraft triggers escalating alarms at GCS at 35% and 10% levels.
Appendix A

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• If the auto-pilot detects a lost-link to the GCS for longer than 30 seconds, landing 

procedure begins.

• The Inspire is inherently unstable, so auto-pilot fail will result in very rapid exit from 

flight.

• Aircraft has an on-board failsafe that limits speed in the event of dive to 

approximately 14 m/s.

• The aircraft, weighing less than 7 lbs., fully loaded, is constructed of composite 

material which is intended to absorb impact energy.

• The motors are driven by pulse width modulated signals, not analog signals.

Given these safety features, H+MPhoto proposes that operators of the Inspire should not be 

required to hold a commercial or private pilot certification. Instead, operators should be 

required to:

• have successfully completed, at a minimum, FAA private pilot ground instruction and 

passed the FAA Private Pilot written examination or FAA-recognized equivalents;

• have completed the manufacturer’s training program for operation of the UAS. The

manufacturer’s training program will have been satisfactorily reviewed through the 

SAC

• process.

H+MPhoto notes that the FAA has found that safety factors permitted operation of UASs by 

operators with these qualifications in the case of operations pursuant to public COAs where the 

mandatory operating conditions specified above are present. See Federal Aviation 

Administration, Notice N-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 

20-21 (July 30, 2013). The FAA has the statutory authority, granted at 49 U.S.C.§44701(f) to 

waive the pilot requirements for commercial operations.

Given these conditions and restrictions, an equivalent level of safety will be provided by 

allowing operation of the Inspire without a private pilot’s certificate or a commercial pilot’s 

certificate, under the conditions set forth herein.

The risks associated with the operation of the Inspire (given its size, speed, operational 

capabilities, and lack of combustible fuel) are so diminished from the level of risk associated 

with private pilot operations or commercial operations contemplated by Part 61 with 

conventional aircraft (fixed wing or rotorcraft), that allowing operations of the UAS as set forth 

above meets or exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) & (b) 

and does not rise to the level of requiring a commercial pilot to operate the aircraft under § 

61.133(a).

14 C.F.R. § 91.7(a): Civil aircraft airworthiness.
Appendix A

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This regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. Should the exemption be granted allowing commercial operation of the Inspire

without an airworthiness certificate, no standard will exist for airworthiness of the Inspire. 

Given the size of the aircraft and the requirements that have presumably already been met in 

the SAC approval process for the Inspire (for instance, the Inspire’s Maintenance & Inspection 

Manual and Safety Checklist), an equivalent level of safety will be achieved by insuring 

compliance with the H+MPhoto manuals prior to each flight.

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.

The regulation provides:

No person may operate a U.S.-registered civil aircraft ...

(2)...For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this 

chapter, unless there is available in the aircraft a current approved airplane or 

Rotorcraft Flight Manual, approved manual material, markings, and placards, or any 

combination thereof.

Given the size and configuration of the Inspire, it has no ability or place to carry such a 

flight manual on the aircraft, not only because there is no pilot on board, but because 

there is no room or capacity to carry such an item on the aircraft.

The equivalent level of safety will be achieved by keeping the flight manual (see, e.g., User

Guide, Exhibit 2) at the ground control point where the pilot flying the UAS will have immediate 

access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 

8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction

These regulations provide that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls.

The Inspire is a remotely piloted aircraft and by design, does not have fully functional dual 

controls. Flight control is accomplished through the use of a control box that communicates 

with the aircraft via radio communications. The flight plan is pre-programmed into the auto 

pilot before flight and only in unusual circumstances will the pilot input control functions to 

alter the pre-programmed flight. If instruction is accomplished through a training program, as 

set forth in Exhibit 2, an equivalent level of safety will be assured. The FAA has approved 

exemptions for flight training without fully functional dual controls for a number of aircraft and 

for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The 

equivalent level of safety will be achieved by the manufacturer providing the training as 
Appendix A

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outlined, for example, in Exhibit 2 and through the use of experienced and qualified pilots 

familiar with the Inspire.

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) 

limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the 

surface, except over open water or sparsely populated areas. In those cases, the aircraft may 

not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

As set forth herein, the Inspire will never operate at higher than 400 feet AGL. It will, however, 

be operated to avoid congested or populated areas that are depicted in yellow on VFR sectional 

charts. Because aerial survey work must be accomplished at relatively low altitudes and at 

altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is needed.

The equivalent level of safety will be achieved given the size, weight, speed, and material with 

which the Inspire is built. Also, no flight will be taken without the permission of the land owner 

or those who control the land. Because of the advance notice to the landowner, all affected 

individuals will be aware of the survey flights. Compared to aerial survey operations conducted 

with aircraft or rotorcraft weighing far more than 7 lbs. and carrying flammable fuel, any risk 

associated with these operations will be far less than those currently allowed with conventional 

aircraft operating at or below 500 feet AGL. Indeed, the low-altitude operations of the UAS will 

maintain separation between these small UAS operations and the operations of conventional 

aircraft that must comply with Section 91.119.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

This regulation prohibits an individual from beginning “a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly 

to the first point of intended landing and, assuming normal cruising speed – (1) During the day, 

to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

The Inspire batteries provide approximately 50 minutes of powered flight. Without an 

exemption from § 14 CFR 91.151, the UAS’s flights would be limited to approximately 20 

minutes in length. Given the limitations on its proposed operations and the location of those 

proposed operations, a longer time frame for flight in daylight VFR conditions is reasonable.

H+MPhoto believes that an exemption from 14 CFR § 91.151(a) is safe and within the scope of a 

prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate 

without compliance with 91.151(a)). Operating the small UAS, without 30 minutes of reserve 

fuel does not engender the type of risks that Section 91.151(a) was meant to prevent given the 
Appendix A

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size and speed at which the UAS operates. The fact that it carries no pilot, passenger, or cargo 

also enhances its safety. Additionally, limiting Inspire flights to 20 minutes would greatly reduce 

their utility. In the unlikely event that the Inspire should run out of fuel, it would simply land. 

Given its weight and construction material, the risks are less than contemplated by the current 

regulation.

H+MPhoto believes that an equivalent level of safety can be achieved by maintaining 10 

minutes of reserve fuel, which, allowing 40 minutes of flight time, would be more than 

adequate to return the UAS to its planned landing zone from anywhere in its operating area.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows:

(a)...no person may operate a civil aircraft unless it has...an appropriate and current

airworthiness certificate.

(b) No person may operate a civil aircraft unless the airworthiness certificate required 

by paragraph (a) of this section or a special flight authorization issued under §91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The Inspire fully loaded weighs no more than 7 lbs. As such, there is no ability or place to carry

certification and registration documents or to display them on the UAS. In addition, there is no 

pilot on board the aircraft.

An equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the pilot flying the UAS will have immediate access to them. The FAA has 

issued numerous exemptions to this regulation. A representative sample of other exceptions 

includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a): Maintenance Inspections

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected 

as prescribed in subpart E of this part and shall between required inspections, except as 

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of 

this chapter...” Section 91.407 similarly makes reference to requirements in Part 43; Section 

91.409(a)(2) requires an annual inspection for the issuance of an air worthiness certificate. 

Section 91.417(a) requires the owner or operator to keep records showing certain maintenance 

work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots 

and records of approval of the aircraft for return to service.

Maintenance of the Inspire will be accomplished by the owner/operator pursuant to the 

manuals, such as Exhibit 3, provided by H+MPhoto. An equivalent level of safety will be 
Appendix A

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achieved because the UAS is small in size, will operate only in restricted predetermined areas, 

and is not a complex mechanical device. As provided in the attached User Manual and the 

Safety Checklist, the operator of Inspire will ensure that the UAS is in working order prior to 

initiating flight, perform required maintenance, and keep a log of any maintenance that is 

performed. Moreover, the operator is the person most familiar with the aircraft and is best 

suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of

safety.
Appendix B

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SUMMARY OF H+MPhoto SECTION 333 EXEMPTION REQUEST

H+MPhoto hereby provides pursuant to Part 11 a summary of its exemption application to 

allow commercial operation of the Inspire unmanned aircraft in precision aerial survey work. An 

exemption is requested from the following regulations:

• 14 C.F.R. Part 21

• 14 C.F.R. 45.23(b)

• 14 C.F.R. 61.113(a) & (b)

• 14 C.F.R. 61.133(a)

• 14 C.F.R. 91.7(b)

• 14 C.F.R. 91.9(b)(2)

• 14 C.F.R. 91.109(a)

• 14 C.F.R. 91.119

• 14 C.F.R. 91.151(a)

• 14 C.F.R. 91.203(a) & (b)

• 14 C.F.R. 91.405(a)

• 14 C.F.R. 91.407(a)(1)

• 14 C.F.R. 91.409(a)(2)

• 14 C.F.R. 91.417(a)